Fire service pensions

The Scottish Government has moved to protect the pension rights of Scottish firefighters injured in the line of duty.

New guidance issued to Fire and Rescue Authorities today closes a potential loophole that could have left firefighters injured in the line of duty being both denied access to an ill-health retirement pension and losing their job.

Justice Secretary Kenny MacAskill announced the move - agreed with employers (the Convention of Scottish Local Authorities), Chief Fire Officers in Scotland and unions/staff organisations - after he met Fire Brigade Union officials in the Scottish Parliament.

Mr MacAskill said:

"Changes made to the Fire Pension Scheme guidance in 2006 have caused considerable concern for firefighters and their families across the UK. That's why we have pressed ahead to revise the guidance in Scotland.

"The public in Scotland, indeed right across the UK, are extremely proud of our brave and committed fire & rescue professionals.

"We owe them a debt of gratitude for the risks they take to protect our homes and our families and to help build safer, stronger communities.

"Our firefighters must be treated fairly and this Government will discharge this responsibility."

A regular firefighter is entitled to an ill-health retirement (IHR) award/pension under the Fire Pension Scheme if permanently disabled from the performance of duty.

Under the Scheme, "disablement" is defined as "incapacity, occasioned by infirmity of mind or body, for the performance of duty". The definition of regular firefighter includes the requirement to "fight fires and undertake other duties appropriate to the person's role".

The question of entitlement to pension awards is a matter for each Fire and Rescue Authority. But before considering this, they must obtain the opinion of an independent qualified medical practitioner on questions relating to disablement and that opinion is binding on the authority.

Under the 2006 guidance issued to the independent assessor, disablement can only be granted if the fire-fighter is assessed as unable to perform all of his/her duties.

Thus, it is possible that a person could be assessed by the independent assessor as being capable of undertaking some non-operational roles and therefore ineligible for IHR, but that the FRA does not have a suitable post. In such situations, the issue would be an employment (not a pension) matter.

The Scottish Government decided that this was unfair as it could result in firefighters who have been assessed as being unable to carry out some firefighting duties, but for whom no suitable alternative post is available within their Fire and Rescue Authority, being dismissed from service with no pension or alternative form of compensation. Ministers did not consider that the policy intention behind the new arrangements was to deny reasonable protection to firefighters and their families in the face of the daily risks firefighters face providing this essential public service.